Monthly News for December, 2016
 | Beware these scams in 2017 There’s a scam for every season and for every industry. Here’s a look at the most popular scams today. Don’t be surprised if you realize you’ve fallen victim to one of these and are only now realizing it. | |
 | Microsoft scammers take a new approachThe Microsoft scam has been popular for years. The goal now is to hold your data hostage. Here’s what to look for and how to fight back. | |
 | Woman receives permit for motorcycle riding gator Mary Thorn, of Lakeland, received a state permit to keep her beloved reptile who wears trendy leather jackets and even has his own bedroom. Earlier this year, the Florida Fish and Wildlife Conservation commission told Thorn that Rambo had grown too large to continue living on her property. | |
 | Three men accused of $4 million cyber fraudThree Chinese citizens accused of hacking into computers of American law firms advising on company mergers have been charged with multi-million dollar cyber fraud in New York. | |
 | The keys to making your New Year’s resolutions stickWhat are the conditions that make it more likely that you’ll stick to your New Year’s resolution? How do you create lasting changes and actually make it a regular habit? We’ve got the tips to help you create lasting change. |
Monthly News for November, 2016
 | Are you being worked to death? Do you have a really stressful job? Do you feel like your working conditions are out of your control? If this is you, studies show you have a higher risk of getting sick more frequently and dying younger. | |
 | Do you snoop on your spouse’s spending?According to a new survey by CreditCards.com, roughly 20 percent, or 17 million, of those who share a credit card have used online or printed account statements to snoop on the spending of a fellow authorized user or joint account holder. | |
 | Death, health files open for alleged South Florida Boston Market salmonella case A lawsuit filed in Palm Beach alleges that Boston Market turkey contaminated with salmonella killed a customer. Records from Boca Raton Regional Hospital confirmed that the victim had salmonella poisoning when he was treated there in November 2014. His sister reported to the Palm Beach County Health Department that her brother had recently eaten at a Boston Market on Military Trail west of Boynton Beach, prompting an investigation. | |
 | Chipotle’s healthy burrito prompts lawsuit claim that it’s too fillingThree Chipotle customers filed a class action lawsuit last week alleging the Mexican fast-food chain does not provide an accurate nutritional count for its chorizo burrito. The customers said they felt “excessively full” after eating the lunch item, and said it couldn’t have been just 300 calories. | |
 | What toys not to buy this season and whyThe consumer group W.A.T.C.H. urges “parents and caregivers to take precautions when buying toys” during holiday shopping, which accounts for 65 percent of all annual toy sales. Here’s the list of toys to stay away from this holiday. |
Monthly News for October, 2016
 | Halloween tricks result in property crime spike on Fright Night. Fright Night is ideal time for real wrongdoers to wreak havoc undetected. On average, crime-related insurance claims spike by 24 percent on Halloween, more than on any other day of the year, according to 2016 data from Travelers Insurance. |
 | Creepy clown trend has local police on high alert.The Palm Beach Sheriff’s Office found the creepy clown-threat craze plaguing the nation worthy of a warning. Miami police followed suit a day later with its own public service announcement. Did you know that you could be arrested for wearing a clown mask with the intent to disturb the peace? |
 | Halloween should be a treat but as we’ve shown it can be dangerous. Here are some great safety tips for kids and adults alike. |
 | The costly and scary truth about food fraud. The incidents of food fraud has increased dramatically and consumers are paying for it with money out of pocket and with their health. Consumers are losing between $30 million to $40 million a year to incidents of food fraud. |
 | Are you entitled to a refund after a cable/satellite blackout?Contract negotiations between your local government and the cable company can be pretty contentious, often leaving customers in the dark – literally. But the lack of service doesn’t mean you’re getting your money back. |
Monthly News for September, 2016
 | Florida man sues Samsung after his smartphone explodes. Jonathan Strobel, a resident of Palm Beach County, is suing Samsung after his Note7 exploded in his pocket earlier this month. The explosion caused severe burns to his leg, leaving him in shock and extreme pain due to his injuries. Strobe’s lawsuit comes in the wake of the official recall of the Note7. Last week, the U.S. Consumer Product Safety Commission (CPSC) issued the recall based on complaints that a battery defect caused several of the smartphones to explode and in some cases spark fires. |
 | Just where should small children sit in a car?A petition from the Center for Auto Safety (CAS) is urging the National Highway Traffic Safety Administration (NHTSA) to encourage parents to “take action to protect children riding in the rear seats of vehicles from the risk of being killed or severely injured when struck by a collapsing front seatback in a rear-end crash.”CAS believes more parents should know that placing kids behind an occupied front seat could be dangerous. |
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The consumer research firm ValuePenguin recently ranked Miami No. 261 out of 261 cities in safety for women. The 2016 study used 31 different factors — including rape and robbery rates — and placed them into four different groups to determine rankings. The groups were public policy, and representation, healthcare, and education and wealth. According to Value Penguin, education and wealth allow women to avoid potentially dangerous situations, and public policy and representation show how well women’s rights. |
 | Nader still fighting for more auto safety standards.Ralph Nader continues to wage his war for more auto safety regulations. This time Nader’s focus in on more stringent fines for automakers who fail to comply with recall regulations. |
Monthly News for August, 2016
 | Wake up! Drowsy driving is just as bad as drunk driving. More than 83 million people drive while sleepy every day. Last year, that led to about 5,000 drowsy driving-related deaths, estimates the GHSA study titled “Wake Up Call! Understand Drowsy Driving and What States Can Do.” According to a 2014 study by the AAA Foundation for Traffic Safety, 1.4 percent of all crashes, 2.2 percent of crashes with injuries and 2.5 percent of fatal crashes involve drowsy driving. |
 | IRS warns of a scam targeting college students and their parentsThe IRS has issued a new warning for taxpayers to be particularly vigilant for scammers looking for opportunities to take advantage of students and parents.In particular, the IRS reminds taxpayers to be on the lookout for IRS impersonators calling students and demanding that they wire money immediately to pay a fake “federal student tax.” There is no such tax. |
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South Florida’s heat can also wreak havoc on a vehicle and its function. The warm weather, hot roads, and long stretches of time in traffic combine to create a hostile work environment for your car. |
 | When someone doesn’t buckle up everyone suffers. Seat belts have saved 300,000 lives since they became standard equipment 50 years ago, but still 25 million people don’t buckle up, especially in the back seat. And Consumer Reports says that’s a danger to everyone in a car. |
Monthly News for July, 2016
 | Brad Winston recognized by Florida Trend Magazine Brad Winston was recognized as a Florida Legal Elite, a prestigious roster of attorneys chosen for their exemplary work by their peers for Florida Trend Magazine. The 1,144 lawyers listed exemplify a standard of excellence in their profession and by doing so, have garnered the respect and esteem of their colleagues. The list in Florida Trend represents fewer than 2 percent of the active Florida Bar members who practice in Florida. The Legal Elite Hall of Fame comprises a distinguished group of attorneys who have consistently earned high rankings from their peers in the annual Legal Elite voting. |
 | Pokemon Go player crashes into a cop car This might just be what cops needed to get people to stop looking at their phones while driving. A Pokemon Go player in the Baltimore area was so distracted he crashed into a parked cop car. “That’s what I get for playing.” |
 | Copy cat! Is plagiarism illegal? With all the talk about speeches being copied or not, we thought it might be helpful to know that plagiarism can be illegal, but not always. |
 | Millions of U.S. drivers are angry, enraged and aggressive Nearly 80 percent of drivers expressed significant anger, aggression or road rage behind the wheel at least once in the past year. The most alarming findings suggest that approximately eight million U.S. drivers engaged in extreme examples of road rage, including purposefully ramming another vehicle or getting out of the car to confront another driver. |
Monthly News for June, 2016
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| Winston Brothers Again Selected as Florida SuperLawyers Winston Law Firm founder and board Certified Civil Trial Lawyer Bradley Winston and his brother and firm partner, Andrew Winston, have been selected as Florida SuperLawyers by SuperLawyers’ Magazine for 2016. Additionally, for the second consecutive year, Andrew Winston was also voted one of the “Top 100 Lawyers” in the State of Florida. |
 | Father of Paris attack victim sues Twitter, Facebook and GoogleThe lawsuit filed this week in U.S. District Court in Northern California, highlights the ways the terrorist organization, also known as ISIS, has used each network for the past few years. For example, ISIS leader Omar Hussain tapped Facebook as a way to recruit members for attacks in the United Kingdom. On Twitter, ISIS supporters have tweeted photos of dead soldiers with the hashtag #AMessagefromISIStoUS. And beheading videos have appeared on YouTube, which is owned by Google. |
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BMW announced recently that it would recall 622,000 model year 2011 to 2017 X3 and model year 2015 to 2017 X4 SUVs worldwide, including approximately 188,668 in the U.S., because the child seat anchors in the vehicle may fail to hold the seat properly. |
 | Zoo safety: What you should know before your visit While accidents can’t always be avoided, the Association of Zoos and Aquariums (AZA) says that the rigorous requirements for a zoo to be accredited and maintain its standing is crucial to preventing dangerous situations for animals, workers and guests. The teams train at firing ranges, stash rifles and shotguns around the grounds, and rank the most hazardous species in their care. Members train in elaborate drills for situations like what unfolded in Cincinnati, when the child fell into the gorilla’s enclosure Saturday. |
 | Copy cat? McCormick sues Badia over packaging McCormick & Co. filed a federal trademark-infringement lawsuit against Miami-based Badia Spices, alleging that Badia’s Biscayne Bay Seafood Seasoning bears a too-similar resemblance in label and name to spice giant McCormick’s longstanding Old Bay brand. |
Both Winston Brothers Again Selected as Florida SuperLawyers
Once again, both The Winston Law Firm founder, Board Certified Civil Trial Lawyer Bradley Winston and his brother and Firm Partner, Andrew Winston have been selected as Florida SuperLawyers by SuperLawyers’ Magazine for 2016. www.SuperLawyers.com
Additionally, for the second consecutive year, Andrew Winston was also voted one of the “Top 100 Lawyers” in the State of Florida. Superlawyers Top 100 Lawyers
SuperLawyers is an attorney rating and review service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. Through a patented selection process, lawyers are nominated by their own peers in the industry, after which, SuperLawyers validates the nominations with independent, third-party research across 12 key categories. Finally, the evaluations are reviewed by a highly credentialed panel of attorneys, and only 5% of attorneys are selected to be honored as SuperLawyers.
Both Winston brothers are pleased and honored to be included in this select group of attorneys honored as SuperLawyers. These honors are a reflection of the high-level of professionalism, skill, experience and care for our clients that makes The Winston Law Firm among the foremost sources for legal representation. Our lawyers are licensed to practice law in Florida, New York, Montana, Oregon, Washington and Tennessee.
Monthly News for May 15, 2016
 | Top 15 auto safety technologies From the seat belt to the humble cup holder to the autonomous car, here are some of the best auto safety technologies that have proven themselves over time and others that will likely change the face of automotive safety in the future. |
 | Don’t drive at this time and avoid higher percentage of road rage According to the National Highway Transportation Safety Administration (NHTSA), August is the worst month for furious drivers because of holiday traffic and summer alcohol consumption. Social media posts listing #roadrage generally spike at 6 pm on Fridays, the NHTSA study said, indicating “a clear correlation between commuter-filled roads and incidents of anger as harried commuters fight traffic to make it home.” And the worst city for road rage? Los Angeles. |
 | Why a visit to the ER could put you into serious debt.An emergency room visit typically is covered by health insurance. For patients covered by health insurance, out-of-pocket cost for an emergency room visit typically consists of a copay, usually $50-$150 or more, which often is waived if the patient is admitted to the hospital. Depending on the plan, costs might include coinsurance of 10% to 50%. |
 | Automaker doesn’t want certain Subaru owners to drive their cars.If you own a newer model Subaru Outback or Legacy vehicle, the carmaker wants you to keep it in the garage after determining the steering can fail. Subaru recalled 52,000 model year 2016 to 2017 Outback and Legacy vehicles, and directed dealers to stop the sale of the cars until they can be fixed. |
Monthly Newsletter for May, 2012: Anatomy of a Whiplash Injury
Whiplash is a common occurrence in rear-end car collisions, and it doesn’t have to be a particularly violent crash. Low-speed fender benders can also be a source of long-term health issues.
Unfortunately, 80 percent of vehicles on the road today either have improperly headrests or the headrests have been removed.
Click Here to Read More (PDF Link)
Monthly Newsletter for April, 2012: Top Causes of Motorcycle Accidents
As the summer vacation season approaches, more motorcyclists and drivers will be planning road trips. But with the increase in riders, unfortunately, we’ll also see an increase in motorcycle accidents.
And even though motorcycle accidents don’t necessarily occur at a higher rate than other types of accidents, the consequences often are much worse.
Click Here to Read More (PDF Link)
Monthly Newsletter for March, 2012: The Difference Between “Comprehensive” and “Collision”
All states mandate that a driver has liability insurance, which is designed to cover damages your vehicle causes to other vehicles.
Comprehensive and collision coverage — which covers damages your vehicle sustains — are, aside from a couple of exceptions (i.e., paying a lender or leasing), optional. SOme people are confused about the differences between the two. Here is what each covers:
Click Here to Read More (PDF Link)
Bradley Winston Named to Florida Super Lawyers list for 2012
FORT LAUDERDALE, FL, March 15, 2012 — 24-7PressRelease
Bradley Winston of the Fort Lauderdale personal injury law firm Winston Law Firm has been named to the Super Lawyers list in Florida for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers.
“I am proud to be recognized by Super Lawyers in personal injury and medical malpractice plaintiff law for the seventh consecutive year,” said Bradley Winston, Managing Partner. “Our experienced team of attorneys and paralegals has been protecting the legal rights of injured Floridians for over 20 years.”
Mr. Winston is an expert in civil trial law who specializes in auto accidents, trucking accidents, dog bites, slip and fall cases, medical malpractice and products liability. Throughout his career, Mr. Winston has fought hard to protect the rights of his clients and to ensure that they receive all the financial compensation they are entitled to under the law.
Mr. Winston is among only 7% of eligible Florida Bar members who achieve board certification, the highest level of professional certification available. He is also a lifetime member of the Million Dollar Advocates Forum, and is recognized by Martindale-Hubbell, a leading U.S. legal publisher, with a Preeminent 5.0 out of 5 peer review rating.
Mr. Winston is well known among the South Florida motorcycle community as a motorcycle accident attorney. He has been riding motorized bikes since childhood, and has had a few motorcycle accidents himself. He represents motorcycle riders who have been injured in an accident due to the error of other drivers or unsafe road conditions.
About Winston Law Firm
The Fort Lauderdale personal injury law firm of Winston Law Firm, with offices in Plantation and Fort Lauderdale, has been defending consumers since 1989.
Accident attorney Bradley Winston assists victims across South Florida and Broward County, including Coconut Creek, Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Fort Lauderdale, Hallandale, Hollywood, Lauderdale Lakes, Lauderhill, Lighthouse Point, Margate, Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Pines, Plantation, Pompano Beach, Sunrise, Tamarac, Weston, and Wilton Manors. Details are available at https://winstonlaw.com or (954) 475-9666.
Monthly Newsletter for February, 2012: News from the Winston Law Firm Team
Even with every breakthrough in cancer diagnostics or treatments, the annual death rates due to cancer provide a stark reminder of just how much farther there is to go before that fight is won.
This is what fuels cancer research and innovation – the idea that one small improvement in our understanding of cancer can vastly increase the chances for a positive outcome for those with the disease.
Click Here to Read More (PDF Link)
Winston Law Firm Recovers Award on Legal Malpractice Jury Verdict
January 18, 2012—Personal injury attorney Bradley Winston of Winston Law Firm, announces the recovery of damages in a recent legal malpractice case in which he represented the owner of West Sunrise Development Corporation, a Broward County corporate shopping plaza.
Six-figure damages were paid short of an appeal in December, following a November, 2011 judgment.
“My client successfully pursued his right to claim damages in a real estate sale, and the jury agreed that he was the victim of legal malpractice by his original attorney when they awarded him $550,000 plus interest and expenses,” said Mr. Winston, who is board certified in civil trial. “I am happy to help my client collect the monetary damages he deserves for the financial loss he suffered.”
The dispute involved sale of a commercial property which was the subject of interest from multiple buyers. The client’s original real estate attorney mishandled the sale, causing the owner to receive less than full value for the transaction. Case No: 08-12961 (25) was heard in the Broward County 17th Judicial Circuit Court.
Monthly Newsletter for January, 2012: Leg Fractures from Car Accidents
While a broken leg can be a serious injury no matter how it occurs, leg fractures caused by car accidents often can be devastating and severe.
Because of the sheer force a car accident applies on the body, bones may not only fracture, but may even shatter. Worse yet, leg fractures from car accidents can sometimes break the skin, which opens up the possibility of infection.
Click Here to Read More (PDF Link)
24th Annual Christmas Toys in the Sun Run
Winston Law Firm is proud to be an annual sponsor of the 24th Annual Christmas Toys in the Sun Run, being held this year on Sunday, December 11, 2011.
More than 30,000 motorcyclists will ride in the motorcycle parade, which starts at the Mardi Gras Casino in Hallandale Beach and ends with a party at Markham Park in Sunrise.
The event is a fund-raiser for Joe DiMaggio Children’s Hospital in Hollywood, and the James Jr. Fund, Inc. Details at Toysinthesunrun.com.
Monthly Newsletter for December, 2011: Holiday Hosts and Alcohol Liability
Imagine this – you’re hosting a big holiday event. Everyone has a great time sharing stories, reminiscing, and having a few drinks. Around midnight, everyone begins to head out and make their way home.
Just a few hours later, though, you receive a call that someone who was at your party had too much to drink and was involved in a car accident driving home. Under social host alcohol liability, you could potentially be held responsible for the accident and be forced to pay for some or even all of the damage.
Click Here to Read More (PDF Link)
Winston Law Firm Wins Legal Malpractice Jury Trial
Fort Lauderdale, Florida (PRWEB) November 21, 2011
Attorney Bradley Winston of Winston Law Firm, successfully represented the owner of West Sunrise Development Corporation, a Broward County corporate shopping plaza, in a case involving legal malpractice. The jury trial, Case No: 08-12961 (25), was held in the Broward County 17th Judicial Circuit Court.
“The client’s original real estate attorney mishandled the sale, unfortunately, and locked the receiver into accepting a below-market sales price of $4,250,000,” said Brad Winston, founding partner. “A prior offeror flipped the property for $4,800,000 on the same day as the receiver closed for $4,250,000.”
Selling the property for the highest price possible was a top priority for the plaza owner, and multiple buyers took an interest in purchasing the property.
The jury agreed that the original attorney was guilty of legal malpractice and awarded Mr. Winston’s client $550,000, which represented the difference between the two sales. Total damages are over $800,000 after interest and expenses.
Schedule an Interview: Attorney Bradley Winston is available to discuss the case. He can be reached at (954) 475-9666.
About Winston Law Firm
The Fort Lauderdale personal injury law firm of Winston Law Firm, with offices in Plantation and Fort Lauderdale, has been defending consumers injured by auto accidents, motorcycle accidents, defective products, medical malpractice, dog bites, and slip and fall cases since 1989.
Accident victims across South Florida and Broward County, including Coconut Creek, Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Fort Lauderdale, Hallandale, Hollywood, Lauderdale Lakes, Lauderhill, Lighthouse Point, Margate, Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Pines, Plantation, Pompano Beach, Sunrise, Tamarac, Weston, and Wilton Manors, can set up a free consultation. Details at https://winstonlaw.com.
Monthly Newsletter for November, 2011: The Main Cause of Most Trucking Accidents
While trucking accidents can occur for a variety of reasons, including bad weather, road conditions or vehicle performance, truck driving error is the leading cause of accidents involving big trucks, according to a recent study by the Federal Motor Carrier Safety Administration (FMCSA).
One of the most common ways that truck drivers contribute to accidents occurs when they become very fatigued. “Highway hypnosis” can come out of nowhere on long drives – as the repetitive patterns of the road begin to lull the driver to sleep.
But, as common as driver fatigue is, another type of driver error accounts for the majority of truck accidents – drug use.
Click Here to Read More (PDF Link)
Monthly Newsletter for October, 2011
Winston Law Firm is sponsoring and participating in the Shriners / Widows Sons Spooktacular Toy Drive and Poker Run on October 30th, 2011.
Click Here to Learn More (PDF Link)
Monthly Newsletter for September, 2011: Danger Lurks on Fort Lauderdale Roads
Beyond the lovely palm trees and lure of the ocean, South Florida residents face dangerous road conditions as they drive, bicycle, or walk to work or daily errands.
A CNBC survey recently documented the danger faced by Broward-area drivers when it named Fort Lauderdale as the #1 city in the nation for fatalities based on vehicular deaths per 100,000 population.
Click Here to Read More (PDF Link)
Fort Lauderdale Personal Injury Law Firm Winston Law Firm Files Suit Against Miami-Dade County for Violation of Servicemembers Civil Relief Act
Fort Lauderdale personal injury attorney Bradley Winston announces filing of a suit against the Miami-Dade County and the director and another official of the Miami-Dade County Building and Neighborhood Compliance Department for demolishing the home of U.S. Army member Jesus Jimenez while he was on active duty. The move violates the Servicemembers Civil Relief Act, according to the lawsuit, as well as the Fourth, Fifth and Fourteenth Amendments to the United States Constitution.
The lawsuit, Jimenez et al v. Miami-Dade County et al, case number 1:11-CV-23131, was filed in U.S. District Court for the Southern District of Florida. The complaint is available on request.
“Plaintiff Jesus Jimenez was on active duty, and his pregnant wife, her mother, his daughter and his disabled brother were residing at the property at the time it was demolished,” said attorney Bradley Winston. “The County and the Building Department were notified of Mr. Jimenez’s active duty status on multiple occasions. Requests for extensions of time, including one forwarded by former Governor Charlie Crist, were ignored.”
The lawsuit seeks injunctive relief, compensatory and punitive damages arising from Defendants’ institution and a stay of the condemnation proceedings against three parcels of real property and the demolition of one of them, all allegedly in violation of the Fourth, Fifth and Fourteenth Amendments to the United States Constitution and of the Servicemembers Civil Relief Act.
According to the documents filed with the court yesterday, the County commenced condemnation proceedings in June, 2007 against three Miami-Dade County properties owned by the Sergeant, but his military duty requirements materially affected his ability to appear, and military leave was not authorized.
Court documents allege that Building Department officials claimed that the Servicemembers Relief Act was not applicable, and refused to stay or delay a scheduled Unsafe Structures Board hearing. The plaintiff’s primary residence on one of the three properties was demolished in June, 2011.
According to the lawsuit, the actions of the Miami-Dade County Building and Neighborhood Compliance Department constitute selective and excessive enforcement of the county building code. The complaint alleges that the properties are surrounded by structures of substantially identical construction and vintage, which have not been subject to any enforcement action by Defendants, and therefore the Jimenez family has allegedly also been deprived of their right to equal protection of the laws under the 14th Amendment to the United States Constitution.
Phil Petersons Key West Poker Run
September 15-18, 2011
https://philpeterson.motorcyclebikeweek.com/
Winston Law Firm will have a booth right on Duval Street, in front of the Hog’s Breath Saloon. We will be setting up on Thursday and joining in on the fun through late Saturday night. Stop by to say hello!
Watch this space for future upcoming events.
